05/19/1988 CITY COMMISSION MEETING
May 19, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, May 19, 1988, at 6:00 P.M., with the following members present:
Rita Garvey Mayor/Commissioner
James L. Berfield Vice Mayor/Commissioner
Lee Regulski Commissioner
Don Winner Commissioner
William Nunamaker Commissioner
Also present were:
Ron H. Rabun City Manager
M. A. Galbraith, Jr. City Attorney
William C. Baker Public Works Director
Paula Harvey Planning Director
Shirley A. Corum Assistant City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Father Theo Anastas, Greek Orthodox Church of the Holy Trinity.!
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
III Service Pin Awards
One service pin was awarded to a City employee.
IV Introductions and Awards
Employee of the Month, May, 1988 `Steve Miller`, Parks & Recreation Dept.
Proclamations
`Safe Boating Week` June 5 11, 1988.
V Minutes of the Regular Meeting of May 5, 1988 & Special Meeting of May 11, 1988.
Commissioner Regulski moved to approve the minutes of the regular meeting of May 5, 1988 and special meeting of May 11, 1988. `Motion` was duly seconded and `carried` unanimously.!
VI Presentations
Bill Carr, representing the Center Foundation, Inc., reported on the progress and showed a film about the Community Center project and the many benefits it will provide.
Fred Fischer reviewed the history of the Center, citing the support they have received from the State, St. Petersburg Junior College, UPARC and the City of Clearwater. He requested
the City consider appropriating $500,000 a year for the next two fiscal years toward this project. He stated the $6 million plus increase in needed funds is partly due to expanded costs
in connection with the property donated by St. Petersburg Junior College, the recovering of the ditch on the property, and the addition of facilities for UPARC.!
It was the consensus of the Commission to discuss the request at the next work session.
Howard Groth, representing Clearwater Housing Authority, presented a check for $10,394.04 to the City in lieu of taxes. He stated the Authority is under budget and has accumulated
a reserve.
VII Citizens to be heard re items not on the Agenda
Charles LeCher requested staff investigate raising the salaries of the Mayor and City Commissioners. He suggested their salaries be based on population, and raised every 10 years
with the census.
Ron Carew, representing the Homeowners' Association at Coachman Ridge, requested permission to proceed with plans for an island at one of the entrances to Coachman Ridge. The purpose
of the island is for safety as well as beautification, and will be maintained by the Homeowners' Association.
VIII Public Hearings
Item #9 Petition for Annexation and RS 8 Zoning for a .2 acre parcel located at the NW corner of the intersection of S. Lagoon Circle and Ragland Ave.; Lot 62, Clearwater Manor Sub.
(Paul) A 88 11 (`PUD`) !
A single family residence is proposed for the site. The Recreation Facility Fee has been paid. City sewer service is available to the property.
Commissioner Berfield moved to approve the annexation and RS 8 zoning on the subject property and to direct the City Attorney to include this in an ordinance. `Motion` was duly seconded
and `carried` unanimously.
Item #10 Public Hearing and First Reading, Ordinance 4585 88 Amending Section 136.022, Code of Ordinances Relating to the parking of certain kinds of vehicles in residential
areas, to provide that the regulations shall apply to all vehicles, boats, and trailers in residential areas, the parking of which shall not be deemed an allowable "Nonconforming Use"
(LDCA 88 4) (`PUD`)
When parking restrictions contained in Section 136.022 were adopted by the City Commission in 1985, the Code provided that "vehicles titled prior to the effective date of this development
code shall not be subject to enforcement proceedings for the initial 60 day period following the adoption of this code, but shall thereafter conform to the terms contained herein". When
that code section was amended by Ordinance 4206 86 in September of 1986, that language was deleted not with the intent that enforcement cease, but instead knowing that the 60 day
waiting period had elapsed and reasoning that the language was rendered purposeless.!
However, a case brought to the Municipal Code Enforcement Board in March, 1988, involving a 32 foot long boat parked within a setback area adjoining a street right of way was dismissed
on the grounds that the parking of the boat constituted a lawful nonconforming use.!
This ordinance clarifies that such illegal parking may not be considered a legal nonconformity.!
The City Attorney presented Ordinance 4585 88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4585 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #11 (`Continued from 4/21/88`) Second Reading, Ordinance 4579 88 Amending Article I of Chapter 114, Code of Ordinances Relating to Navigable Waters within the City; to
provide definitions; prohibit the throwing or discharge of trash, debris, or other other refuse material of any kind into navigable waters; to require certain equipment in watercraft
and vessels; to prohibit live aboard vessels, except at certain locations or pusuant to a temporary permit; to provide for a temporary live aboard permit; to require the use of pump out
systems by permitted live aboard vessels; to provide for the removal of disabled vessels; to prohibit diving or jumping from City owned docks, piers and bridges; Repealing Section 114.54,
Relating to Houseboats.
Commissioner Berfield moved to `table` Ordinance 4579 88. `Motion` was duly seconded and `carried` unanimously.!
The meeting recessed from 8:09 8:27 P.M. !
Item #12 Second Reading, Ordinance 4575 88 Annexation of property located on the N side of Kapok Circle, approx. 750 ft. N of Kapok Kove Drive; Lot 13, Kapok Forest Sub. (City)
A 88 5, LUP 88 3 !
The City Attorney presented Ordinance 4575 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4575 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #13 Second Reading, Ordinance 4576 88 Land Use Plan amendment from from Low Density Residential to Recreation/Open Space for property annexed in Ordinance 4575 88 (City) A
88 5, LUP 88 3 !
The City Attorney presented Ordinance 4576 88 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance 4576 88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #14 Second Reading, Ordinance 4577 88 Zoning Atlas amendment as Open Space/Recreation (OS/R) for property annexed in Ord. 4575 88 (City) A 88 5, LUP 88 3 !
The City Attorney presented Ordinance 4577 88 for second reading and read it by title only.
Commissioner Winner moved to pass and adopt Ordinance 4577 88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #15 Second Reading, Ordinance 4580 88 Annexation of property located at the NE corner of the intersection of N. Betty Lane & Woodbine Street; Lots 10, 11 & 12, Blk. B, Pine
Ridge Sub. (Crum, Dunn & Land) A 88 6 !
The City Attorney presented Ordinance 4580 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4580 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #16 Second Reading, Ordinance 4581 88 Zoning Atlas amendment as Single Family Residential (RS 8) for property annexed in Ord. 4580 88 (Crum, Dunn & Land) A 88 6 !
The City Attorney presented Ordinance 4581 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4581 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #17 Second Reading, Ordinance 4582 88 Annexation of property located on the S side of S.R. 588 (Main St.), approx. 1,000 ft. W of Forest Wood Drive; M&Bs 14.151 & 14.152,
Sec. 5 29 16 (McMullen) A 88 7 !
The City Attorney presented Ordinance 4582 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4582 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #18 Second Reading, Ordinance 4583 88 Zoning Atlas amendment as Single Family Residential (RS 6) for property annexed in Ord. 4582 88 (McMullen) A 88 7 !
The City Attorney presented Ordinance 4583 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4583 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #19 Second Reading, Ordinance 4584 88 Zoning Atlas amendment from Residential Planned Development (RPD) and Public/Semi Public (P/SP) to Aquatic Land/Interior (AL/I) on property
located along the SW boundary of a larger parcel located at the SW corner of the intersection of Union Street & Soule Road; part of M&B 21.00, Sec. 05 29 16 (Sylvan Abbey Memorial Park,
Inc.) Z 88 4
The City Attorney presented Ordinance 4584 88 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4584 88 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
CITY MANAGER REPORTS
IX Consent Agenda Approved as submitted less Items 30, 33 & 34.
Advisory Board Notifications` Received.
Item #20 Municipal Code Enforcement Board (1 member) (`CLK`)
Item #21 Planning & Zoning Board (1 member) (`CLK`)
`Bids & Contracts` Approved.
Item #22 (2) Fire Rescue Advanced Life Support Vehicles Award contract to purchase from Gator Emergency Vehicles, Clearwater, $61,636.00 (`FD`)!
Item #23 Cleveland Street Sidewalk Replacement (Downtown) Award contract to L. G. Couch Construction Co., Tarpon Springs, $341,643.75; funds to be provided from the Community Redevelopment
Agency Fund (`PW`) !
Item #24 Utility Billing Envelopes Award contract to purchase from Tampa Envelope Manufacturing & Paper Company, Tampa, FL, estimated $10,720.00 for period 5/12/88 to 5/11/89 ($4,470
for FY 87/88 and $6,250 for FY 88/89) (`UT`) !
Item #25 "Call Candy" System for the Utilities Department Award contract to Shelton Enterprises, Ft. Lauderdale, FL, estimated $9,600.00 for period 6/1/88 5/31/89 (`UT`) !
Item #26 Steel Gas Pipe for the Gas Division Award contract to Consolidated Pipe and Supply Co., Inc., Birmingham, AL, estimated $55,700.00 for period 6/1/88 5/31/89, to be used
for expansion and relocation projects (`UT`)!
Citizen & Staff Requests` Approved.
Item #27 Acquisition of Moore Governmental Systems Software modules for Payroll & Personnel for new Unisys Mainframe, $114,400 to be financed for seven years through Unisys Corp.
(at 8.2%) with an annual payment of $21,652 (includes software modifications, installation, training, and one year's maintenance) (`FIN`)
Item #28 Set Public Hearing Date to consider filing of liens for unpaid utility bills (`UT`) !
Item #29 July 4th Fireworks Display Authorize Clearwater Jaycees, Inc. for display on Memorial Causeway with City as event co sponsor. (`CM`)!
Leases
Item #30 See page 4.
Plans & Plats Approved less Item #33.
Item #31 Revalidation of Final RPD Site Plan for Spring Lake located on the E side of Keene Rd., S of CR 34; Spring Lake of Clearwater, Sec. 36 28 15; subject to original conditions
of Commission approval of 12/84 with #7 amended to read: All requisite certificate(s) of occupancy shall be procured prior to January 1, 1990 (J. L. Mason Group of Tampa Bay, Inc.) PSP
83 28 (`PUD`) !
Item #32 Preliminary Site Plan for City of Clearwater Traffic Engineering Sign Shop Facility located at the NW corner of the intersection of Myrtle Ave. & Hart St.; a portion of M&B
44.01, Sec. 9 29 15, subject to the following conditions: 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) The size, location, orientation and shielding
of the refuse container(s) shall be provided on the final site plan for D.R.C. review; and 3) The conflict in paved area and vehicular use area figures must be corrected on the final
site plan. (City of Clearwater) PSP 88 17 (`PUD`)!
Item #33 See page 5.
City Attorney
Agreements, Deeds & Easements
Item #34 See page 5.
Commissioner Regulski moved to approve the Consent Agenda as submitted, less Items 30, 33 & 34, and that the appropriate officials be authorized to execute same. `Motion` was duly
seconded and `carried` unanimously. !
Item #30 Five year lease with Greater Clearwater Chamber of Commerce for use of space at Memorial Civic Center Building, July 1, 1988 to June 30, 1993 for $1.00/year; addition to
lease to allow non members to take advantage of Chamber services at the Center by paying an annual fee of one half what normal membership dues would be. (`PR`) !
The City of Clearwater provides office space at the Memorial Civic Center for the Chamber of Commerce to provide services on Clearwater Beach. The existing agreement between the City
and Chamber has a five year term which expires on June 30, 1988.!
If approved, the new Agreement will cover a five year term from July 1, 1988 through June 30, 1993. An amendment was added, regarding liability during those times that outside civic
organizations might use
the premises, at the end of Paragraph 2 to read: "In the event that the leased premises are used by a civic organization with the prior written consent of the Lessor, as provided herein,
the Lessor shall hold such organization liable for any damage to or loss of property of Lessee caused in connection with such use of the leased premises by the organization". Another
change is in Paragraph 4 which allows either party the right to cancel the lease at any time upon thirty days notice to the other party. Presently, this right is given only to the City.
!
The Chamber would like to continue at the Memorial Civic Center until such time as a more suitable location may be found on the Beach in a higher pedestrian traffic area. In the event
the Chamber did relocate, the current space may be considered for library expansion.!
Discussion ensued regarding the property being leased to the Chamber at almost no cost and its use being restricted. An addition to the lease would allow non members to display information
for an annual fee equal to one half the normal membership dues.!
Pete Woodham, Executive Vice President of the Chamber, stated the purpose of offering space to non members is to promote tourism, but to allow full membership at the reduced fee would
be unfair to the members. It is their feeling that non members will more than make up the cost of the fee from one referral. !
Discussion ensued regarding whether one half the membership fee will be too high or too low; and it was pointed out the matter of the fee could be revisited in one year.!
Commissioner Regulski moved to approve the lease with an amendment to add a new paragraph 3 to state "Lessee agrees to display and promote tourist related business to all visitors.
Members of the Greater Clearwater Chamber of Commerce will receive this promotion as part of their membership. Any other tourist related non member business in Clearwater may also be
included by paying the Chamber an annual fee of one half of what their normal membership dues would be."; to renumber the remaining paragraphs; to revisit this portion of the lease in
one year, and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously.!
Item #33 Preliminary Site Plan for Pier 1 Centre located on the S side of Gulf to Bay Blvd. approx. 190 ft. W of Thornton Rd.; Lots 9 13 & the N half of Lots 4 8, Bay Heights, and
the adjacent portion of the vacated alley lying between said lots. (Winner's Corp. & Tibma Brothers Co.) PSP 88 18 (`PUD`) !
The developer proposes to construct 14,822 square feet of retail gross floor area in two one story buildings with related outdoor parking and loading facilities. Access is proposed
at one point off Gulf to Bay Blvd. !
The Planning Director stated several changes have been made to the plan and the Traffic Engineering and Planning and Urban Development Departments have approved them.!
A question was raised regarding neighborhood compatibility and the possibility that sometime in the future alcoholic beverages might be sold in the center. The Planning Director stated
alcoholic beverage sales would be required to go before the Planning and Zoning Board at which time the Board would probably require a wall be constructed. She stated there is no requirement
in the Code for landscaping on a property line that does not abut a right of way.!
Larry Leon stated the plan is for a Pier 1 store and associated retailing. He feels a wall will not be aesthetic, but is willing to put in extra landscaping. There is a large open
field between the proposed center and the church which can serve as a buffer.!
Two citizens spoke in opposition, one being an adjacent property owner and one representing the Bethel Presbyterian Church. They expressed concerns regarding compatibility with the
church and a proposed multi family project; trespassing across church property; and the safety of children living in the residential area because of the proposed retention pond. Both
asked that a wall be required.!
Commissioner Berfield moved to approve a preliminary site plan for Pier 1 Centre subject to the following conditions: 1) Signs and fencing/walls are subject to separate review and
permitting processes; 2) The size, location, orientation, and shielding of the refuse container(s) shall be provided on the final site plan for D.R.C. review; 3) The amount and verification
of assessed just value and verification of the most recent sales price shall be provided prior to D.R.C. review; 4) The legal description must be corrected prior to D.R.C. review; 5)
All building setback dimensions shall be given on the final site plan prior to D.R.C. review and that the final site plan be brought back before the Commission. `Motion` was duly seconded
and `carried` unanimously. !
Item #34 Sublease Agreement between the City & Patrick Marzouca Enterprises, Inc. (d.b.a. Clearwater Car Rentals) for two offices on the south side (including the deck area in front)
of the former Ken Marks Ford building at 814 Cleveland St. for period July 1, 1988 to January 31, 1990 for $806.46 per month (plus tax)!
Commissioner Berfield moved to `continue` this Item to the meeting of June 2, 1988. `Motion` was duly seconded and `carried` unanimously.!
X Other Items on City Manager Reports
Item #35 Preliminary Subdivision Plat for Clubhouse Estates of Countryside Unit Four partial replat located at the SE corner of Countryside Blvd. and Concorde Court; Lots 196 & 197,
Clubhouse Estates of Countryside Unit Four (Wolfe) SUB 88 4 (`PUD`) !
There is a house on the property which was built over the interior lot line and easement of the two lots. The owner desires to replat the two lots to create two new conforming lots
in order for the vacant property to be sold and developed separately from the existing single family residence. It will be necessary for the applicant to vacate an existing utility easement.
According to the applicant's engineer, only a back door slab with four foot high M.O.L. wall to screen the refuse container are located within the proposed new side yard setback for
the existing residence. Access will be restricted to Concorde Court.!
A question was raised regarding whether or not the surrounding property owners were notified. The Planning Director stated normally this is not done, but in this instance they attempted
to notify the homeowners association. Concerns were expressed regarding creating a hardship for the purchaser of the second lot. !
Commissioner Winner moved to `deny` the request. `Motion` was duly seconded and `carried` unanimously. !
Item #36 (`Cont. from 5/5/88`) Preliminary Subdivision Plat for Loehmann's Plaza replat located at the NW corner of the intersection of U.S. 19 & NE Coachman Rd.; Loehmann's Plaza,
Lots 1 & 2 (Brandon Nu West Clearwater, LTD) SUB 88 3 (`PUD`) !
The applicant requested this item be continued to the June 2nd meeting.
Commissioner Berfield moved to `continue` this item to the meeting of June 2, 1988. `Motion` was duly seconded and `carried` unanimously.!
Item #37 Preliminary Site Plan for Higgins Sunset Point Rd. located on the S side of Sunset Point Rd. & E of Keene Rd.; portions of Lots 7 & 8, Pinellas Groves (C. A. Johnson Prop.)
PSP 88 16 (`PUD`) !
A Home Federal Bank building is located on the W portion of the site (Parcel A). The applicant proposes to construct a 16,380 sq. ft. two story building east of the existing development
(Parcel B). The property is defined as two parcels on the tax rolls but both are owned by Higgins and Johnson. If the applicant chooses to divide the site into two parcels, a subdivision
plat will be required; otherwise a Unity of Title must be recorded and reference to two parcels must be deleted from the site plan and the conflicting legal description for the two parcels
requires revision on the site plan.!
There is one existing driveway off Keene Road and two off Sunset Point. Two additional points of access are proposed off Sunset Point Road which have been approved by the Traffic
Engineer.!
Concern was expressed regarding drainage. The Public Works Director stated the ditch is not in the easement and the applicant would need to provide the City an easement over the ditch.
It is his belief the DER (Department of Environmental Regulation) has jurisdiction and would have to issue a dredge and fill permit.!
John Kettell stated they had already contacted the DER and the ditch is exempt from the dredge and fill requirement. They met with the City environmentalist to address her concerns
and have no problem with giving the City an easement over the ditch. !
Commissioner Winner moved to authorize review of a final site plan with final action by the D.R.C. subject to the following conditions: 1) Signs and fencing/walls are subject to separate
review and permitting processes; 2) The size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan for D.R.C. review; 3) Building setbacks
and height shall be defined and dimensioned on the site plan to be in accordance with the OL (Limited Office) district dimensional and numerical development requirements* (Note: maximum
height is 25 feet without height bonuses of Section 136.004); 4) Depiction (by shading or cross hatching) of required parking lot interior landscape areas and total land area devoted
to parking lot interior landscaping, expressed in square feet and as a percentage of the paved vehicular area shall be provided on the final site plan*; 5) The zoning designation on
the site plan shall be corrected to be OL (Limited Office)*; 6) An applicatin to rezone the wetlands area to AL/I (Aquatic Lands/Interior) must be submitted prior to certification of
the site plan and the proposed mitigation plan must be approved by D.E.R. (Dept. of Environmental Regulation) prior to certification of the final site plan; 7) All easements of record
must be shown on the site plan*; 8) Either a preliminary subdivision plat must be submitted for review by the City Commission to permit the property to be divided into two parcels as
indicated (and the legal descriptions must be clarified and site calculations adjusted accordingly) or the reference to two parcels must be deleted from, and the legal description must
be revised, on the site plan.* (If the latter is chosen, a Unity of Title must be recorded prior to certification of the site plan); 9) The species and size of all existing trees shall
be provided on the site plan*; 10) The minimum requirements for open space (lot and front yard), F.A.R., maximum height and maximum building coverage must be provided on the final site
plan*; 11) Sidewalks are required along both streets unless otherwise waived by the City; 12) The site plan shall be revised to be in accordance with the minimum parking space size requirements
and the discrepancy of total building square footage shall be clarified*; 13) The perimeter landscape buffers shall be dimensioned on
the site plan*; 14 ) Verification of assessed just value and most recent sale price of the property must be submitted; (* conditions 3 5, 7 10, and 12 14 must be met prior to D.R.C.
review) and that the appropriate officials be authorized to execute same. `Motion` was duly seconded and `carried` unanimously. !
The meeting recessed from 10:06 10:15 P.M.!
Item #38 Agreement with Clearwater Chamber of Commerce for repayment of loans for development of Welcome Center on Courtney Campbell Causeway; Chamber of Commerce request for forgiveness
of loans!
On July 17, 1986, the City executed a lease with the Florida Department of Transportation for property to be used as a tourist information center and sublet the site to the Greater
Clearwater Chamber of Commerce for this purpose.!
The City granted $108,000 in loans to help create the Clearwater/Pinellas Suncoast Welcome center. The possibility of forgiveness was discussed when the loans were approved and, due
to tight budget constraints, further discussion was postponed until this next fiscal year. The City agreed not to require payments on the loans and charged no interest in fiscal year
1987 88.!
Pete Woodham, of the Chamber of Commerce, stated the Welcome Center is beneficial to the City and improves the economy. He requested, if the Commission has concern about forgiving
the entire loan in a lump sum, forgiveness could be considered over a longer period of time and forgiven annually.!
Parker Stafford, President of the Greater Clearwater Chamber of Commerce, stated if their request is granted, the additional funds could be used for tourism; it would not be so much
a gift but support for economic development. !
Three citizens spoke in support stating the Welcome Center has improved their businesses.!
One citizen spoke in opposition stating the Chamber should have requested the funds as a gift rather than requesting the loan.!
Several Commissioners felt the money was loaned to the Chamber and should be paid back. It was pointed out the City supports Fun N' Sun, Jazz Festival, and several other Chamber activities
throughout the year.!
Commissioner Winner moved to forgive the $32,000 of in kind services in lieu of this year's payment and revisit the situation again next year. Motion was duly seconded and upon the
vote being taken: Commissioners Winner and Nunamaker voted "aye". Commissioners Berfield, Regulski, and Mayor Garvey voted "nay". `Motion failed`.!
Commissioner Regulski moved to not forgive the loan but to change the terms of the agreement to state the $108,130.32 be repaid at the rate of 10% a year over a 10 year period with
no interest. Motion was duly seconded. !
Commissioner Winner moved to amend this motion to allow the $32,000 of in kind services to be applied as the first three years payments. Motion was duly seconded and upon the vote
being taken: Commissioners Winner and Nunamaker voted "aye". Commissioners Berfield, Regulski, and Mayor Garvey voted "nay". `Motion failed`. !
Upon the vote being taken on the original motion, Commissioners Regulski, Berfield, and Mayor Garvey voted "aye". Commissioners Winner and Nunamaker voted "nay". `Motion carried`.!
XI Other Pending Matters None.
XII Verbal Reports None.
`CITY ATTORNEY REPORTS`
XIII First Reading Ordinances
Item #39 Ordinance 4586 88 Annexation of property located on the S side of Virginia Ave., approx. 150 ft. E of Bayview Ave.; Lot 3, Blk. 1, Bayview City Sub. (Bare) Z 88 8 !
The City Attorney presented Ordinance 4586 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4586 88 on first reading. Motion was duly
seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #40 Ordinance 4587 88 Zoning Atlas amendment as Single Family Residential (RS 8) for property annexed in Ord. 4586 88 (Bare) A 88 8 !
The City Attorney presented Ordinance 4587 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4587 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #41 Ordinance 4588 88 Annexation of property located on the S side of Woodbine St., approx. 260 ft. E of N. Betty Lane ; Lot 6, Blk. C, Pine Ridge Sub. (Jackson) A 88 9
The City Attorney presented Ordinance 4588 88 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 4588 88 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #42 Ordinance 4589 88 Zoning Atlas amendment as Single Family Residential (RS 8) for property annexed in Ord. 4588 88 (Jackson) A 88 9 !
The City Attorney presented Ordinance 4589 88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4589 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #43 Ordinance 4590 88 Annexation of property located at the SE corner of the intersection of Pinellas & Lincoln Streets; Lots 41 & 42, Oakland Heights Sub. (Quintero) A 88 10
The City Attorney presented Ordinance 4590 88 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance 4590 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #44 Ordinance 4591 88 Zoning Atlas amendment as Neighborhood Commercial (CN) for property annexed in Ord. 4590 88 (Quintero) A 88 10 !
The City Attorney presented Ordinance 4591 88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4591 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #45 Ordinance 4592 88 Land Use Plan amendment from High Density Residential to Commercial/Tourist Facilities for a parcel located on the N side of Lakeview Ave., approx. 325
ft. E of S. Highland Ave.; Lots 1 & 2, Forest Hills Estates, Unit 5 (Day/City) Z 88 5 LUP 88 4 !
The City Attorney presented Ordinance 4592 88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4592 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #46 Ordinance 4593 88 Zoning Atlas amendment from Multiple Family Residential (RM 28) to General Commercial (CG) on property located on the N side of Lakeview Ave., approx.
325 ft. E of S. Highland Ave.; Lots 1 & 2, Forest Hills Estates, Unit 5 (CG) (Day/City) Z 88 5, LUP 88 4 !
The City Attorney presented Ordinance 4593 88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4593 88 on first reading. Motion was duly
seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #47 Ordinance 4594 88 Zoning Atlas amendment from RPD 5.8 (Residential Planned Development) to AL/C (Aquatic Lands/Coastal) on property located on the W side of Bayshore Blvd.
and on the N side of John's Parkway; part of M&Bs 21.17 & 21.18, Sec. 16 29 16 (Bricks Mgmt. & Real Estate Dev.) Z 88 7!
The City Attorney presented Ordinance 4594 88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4594 88 on first reading. Motion was duly
seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #48 Ordinance 4595 88 Amending Section 26.30(a), Code of Ordinances Relating to the Pension Plan, to delete the requirement that employees who are 45 years of age or older
on their date of employent are excluded from coverage; providing for participation in the pension plan by current employees who are not plan participants; providing for a referendum
election for the purpose of ratifying the amendment.!
The City Attorney presented Ordinance 4595 88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4595 88 on first reading. Motion was duly
seconded. Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #49 Ordinance 4596 88 Amending Section 26.38, Code of Ordinances Relating to Pension Fund, to increase minimum pension payment from $75.00 to $300.00 per month, with an exception
for certain death benefits which remains unchanged; providing for a referendum election for the purpose of ratifying the amendment. !
A question was raised regarding whether the cost of implementation had to be included on the ballot. The City Attorney stated it did not. The cost impact should be minimal as there
are not many retirees who are receiving less than $300 per month.!
The City Attorney presented Ordinance 4596 88 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4596 88 on first reading. Motion was duly
seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #50 Ordinance 4597 88 Revising Article I of Chapter 114, Code of Ordinances Relating to navigable waters within the City, to provide definitions; to prohibit the throwing
or discharge of trash, debris, or other refuse material of any kind into navigable waters; to require certain equipment in watercraft and vessels; to prohibit live aboard vessels, except
at certain marina facilities or pursuant to a temporary permit; to provide for a temporary live aboard permit; to require the installation of sewage pump out systems at certain marina
facilities not later than December 31, 1988; to require the use of pump out systems by permitted live aboard vessels; to provide for the removal of disabled vessels; to prohibit diving
or jumping from City owned docks, piers & bridges, Repealing Section 114.54 relating to houseboats. !
The Harbormaster stated the Land Development Code currently prohibits living on boats in commercial facilities without a conditional use. Live aboards will not be allowed at private
docks except with a 14 day permit which can be renewed for another 14 days. This temporary permit can only be obtained once every twelve months. !
There was concern as to how inspections would be made to see that the sanitation system meets the requirements of the proposed ordinance. The Harbormaster stated the inspection would
be done by an experienced employee, and they are hoping boat owners will follow the requirements of the ordinance. A committee of staff members worked on the ordinance for approximately
three years, and their main concern is water quality. The ordinance is not directed against boaters or live aboards, but is to maintain or improve the quality of the water. The committee
has talked with boat owners who are in support, and staff has had complaints of raw sewage off docks. The Harbormaster stated they received a copy of Miami's live aboard ordinance and
he is aware of two areas in Pasco County that have similar ordinances. !
Thirteen citizens spoke in opposition to the proposed Ordinance stating they feel boat residents are being treated unfairly. Federal Law requires anitary systems on boats and they
also are concerned about protecting the environment. They do not feel live aboards are a significant cause of pollution. They watch over the boats of people who do not live on their
boats. It was pointed out that a pump out station is a very large expense for small commercial establishments.!
It was suggested a committee of boat owners be established to work with staff on revising the ordinance to satisfy everyone's needs. It was also requested the committee do more research
regarding ordinances that may be in existence in California and other parts of Florida.!
The Planning Director stated some live aboards are legal, as all those in existence at adoption of the Land Development Code were grandfathered in. The Planning and Zoning Board has
granted conditional uses to allow live aboards with certain conditions.!
Commissioner Nunamaker moved to `continue` first reading of Ordinance 4597 88 to the meeting of June 2, 1988. `Motion` was duly seconded and `carried` unanimously.!
The Commission requested a spokesperson for the live aboards be appointed and that there be a meeting between the spokesperson and the Harbormaster to work out a solution. It was also
requested staff research what solutions other boating communities have found and check into what effect live aboards would have on density, units per acre, parking, etc.!
XIV Other City Attorney Items
Item #51 Amendment to Maas Brothers Parking Lot Agreement between City of Clearwater and Clearmaas Realty Corp., mortgagor.
An easement agreement was entered into on June 13, 1960, creating certain access, parking, and other easements and rights over the subject property. The City and Mortgagor wish to
make certain modifications and additions to the Agreement in order to enable Mortgagor, from time to time, to borrow money secured by one or more mortgages, deeds of trust, deeds to
secure debt or other security instruments covering Mortgagor's interest in the site.!
The amendment adds: Section 7 stating "No termination, amendment or modification of this Agreement shall be effective without the prior written consent of the holder of each recorded
Mortgage of the Site"; and Section 8 stating "Nothing in this Agreement shall be construed to prohibit the installation and maintenance of a reasonable amount of landscaping on the land."!
The City Attorney stated adding language regarding landscaping is acceptable to the Maas owners. The City is locked into the parking easement indefinitely. In response to a question
regarding the need for Section 7 of the agreement, he could not think of any reasonable objection to it. It protects the mortgagor from Maas Bros., not from the City. !
Concern was expressed regarding a future change of use. The City Attorney stated there is no reference to use in the original agreement.!
Commissioner Winner moved to approve the addition of Sections 7 and 8 to the Easement Agreement and that the appropriate officials be authorized to execute same. Motion was duly seconded
and upon the vote being taken: Commissioners Regulski, Winner, Nunamaker, and Mayor Garvey voted "aye". Commissioner Berfield voted "nay". `Motion carried`.!
XV Other Commission Action
Commissioner Winner requested a policy be established to notify mobile home owners associations of pending rezonings. The City Attorney stated he would not be in favor of such a policy
as it would be considered the norm, and this could create problems in the future.!
Commissioner Nunamaker requested the City's interpretation of the FEMA regulations be investigated to determine if it is more stringent than necessary. The City Manager was directed
to discuss the matter with Betty Haeseker and request a meeting with FEMA representatives to discuss the City's interpretation.
XVI Adjournment
The meeting adjourned at 10:50 P.M.